§ 27. Mr. George Cunninghamasked the Attorney-General what is his policy in his consultations with magistrates on sentencing first offenders on the imposition of heavy fines, payable over a period of months, as opposed to suspended prison sentences when discretion is permitted by law.
§ The Attorney-GeneralI do not consult with magistrates on the sentences they impose. Magistrates have a complete discretion, within the limits laid down by Parliament, to pass such 236 sentences as they think fit. It would not be proper for me or for any Minister to attempt to direct them how to exercise their discretion.
§ Mr. CunninghamI recognise that there is consultation between the Lord Chancellor and magistrates on sentencing practice, but does not the Attorney-General think that the practice of imposing suspended prison sentences without an accompanying fine for many first offenders encourages the first offender to think that society takes his offences lightly, and in the end increases the prison population, which the policy was intended to reduce?
§ The Attorney-GeneralThat is the hon. Gentleman's point of view, but I must repeat that although magistrates get an opportunity for training, for study, and for visits, and also conferences at which they may be addressed by the Lord Chief Justice or the Lord Chancellor, the exercise of their powers must be and must remain, solely a matter for them.
§ Sir Elwyn JonesIs not there some ground for fearing that some magistrates' courts are imposing terms of suspended sentences instead of making probation orders, so that when an offence is committed within the period of the suspended sentence prison follows, with the result that the operation of the suspended sentence scheme may be the opposite of what was intended. Is not there room for an inquiry into this matter?
§ The Attorney-GeneralI would not suggest that there is room for an inquiry. I am sure that benches will if there is a chance, read what the right hon. and learned Gentleman has said. There are difficulties which magistrates encounter. One of the most difficult things is this matter of sentencing. It is a very important part of their task. They are given these facilities, they have these conferences, and I hope that they will apply their minds to exercising their powers properly and appropriately.